Do I Have to Attend Court for a Motorcycle Accident in Oklahoma?
Not necessarily. Many motorcycle accident cases in Oklahoma are settled outside of court through negotiations with insurance companies. However, if a fair settlement cannot be reached, taking the case to court may be necessary to ensure you receive the compensation you deserve. Your attorney will guide you through the legal process and advise you on the best course of action.
Motorcycle accidents are common in both rural and urban areas throughout the State of Oklahoma. If you were involved in a motorcycle accident in Oklahoma, you may want to know if you need to go to court to resolve any legal disputes.
If you or your loved ones suffered bodily injuries, you need to consider the possibility of a civil lawsuit. However, the vast majority of civil lawsuits settle before trial. Therefore, it will benefit you to speak to an experienced motorcycle accident lawyer if you were involved in a motorcycle accident in the State of Oklahoma.
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Motorcycle Accidents Occur Unexpectedly
Motorcyclists do not wake up expecting to be involved in a serious traffic accident. The initial trauma may cause anxiety and psychological distress that lasts days or weeks.
Motorcycle accident victims may be unable to understand the nature and extent of their injuries. Physical symptoms may not become apparent until many weeks after the date of the incident. All motorcyclists involved in any type of accident need to seek immediate medical treatment.
If you are involved in a civil lawsuit, you will need to substantiate your injuries, and you can do this by creating a written record of your medical treatment. Medical records will be scrutinized during any civil lawsuit you initiate. A motorcycle accident attorney may advise you to keep a journal of your injuries so you can use this document in your motorcycle accident case.
Also, you should photograph your injuries and the scene of the accident. The amount of monetary compensation you pursue will depend partially on the total medical care you receive.
Civil litigation begins when the injured party (also known as the plaintiff) files a complaint against the opposing party (also known as the defendant). Typically, the defendant is the party the plaintiff believes is liable for their injuries.
However, multiple plaintiffs and multiple defendants can be parties in a single civil lawsuit. Therefore, it is necessary that you speak to a motorcycle accident lawyer so you can understand the details related to your case.
Civil litigation is adversarial and tedious. The parties will enter the discovery phase of litigation and exchange interrogatories, requests for admission, and requests for the production of documents. Also, each side will depose parties and witnesses under oath.
The discovery phase can last for months, and it is necessary that you understand a motorcycle accident case can settle at any time. Sometimes cases settle on the eve of trial. A skilled motorcycle accident lawyer can help you understand how long it may take for your case to settle.
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Why You Should Retain a Motorcycle Attorney?
Retaining a motorcycle attorney is crucial for several reasons. They have in-depth knowledge and experience in handling motorcycle accident cases, which can significantly increase your chances of obtaining fair compensation. An attorney will protect your rights, gather evidence, negotiate with insurance companies, and navigate the complex legal system on your behalf. They will fight for your best interests and work towards achieving the best possible outcome for your case.
Insurance claims adjusters will delay paying your claim and promise to provide you with financial compensation after they complete their investigation. These tactics are designed to delay you while the insurance company attempts to acquire evidence that will contradict your claims.
After delaying for months, the insurance company may offer a low settlement amount. If you have an experienced motorcycle accident lawyer on your side, you will likely be advised to decline this offer. Also, you may be advised not to speak at all to the other party’s insurance company.
Do not provide any recorded statements to the other party’s insurance company. It is possible that insurance company representatives will ask you to visit specific physicians so they can develop a case that will harm your interests.
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What You Should Do After Suffering Injuries in a Motorcycle Accident?
After suffering injuries in a motorcycle accident, there are several important steps you should take:
a. Seek medical attention immediately, even if you believe your injuries are minor. Your health and well-being are top priorities.
b. Gather evidence at the accident scene, if possible. Take photos, collect contact information from witnesses, and obtain the details of the other parties involved.
c. Report the accident to the police and your insurance company.
d. Avoid discussing the accident or admitting fault with anyone, including insurance adjusters, without consulting your attorney first.
e. Contact a motorcycle accident attorney as soon as possible. They will guide you through the legal process, protect your rights, and help you pursue fair compensation for your injuries and damages.
Motorcycle Accidents and Monetary Compensation
Motorcyclists are able to claim various types of damages when they bring a personal injury action in federal or state court. The specific facts and circumstances of each case will determine the types of damages a party can claim. The following are some of the most common types of compensation injured motorcyclists can claim:
- Medical bills
- Lost earnings
- Loss of enjoyment of life
- Costs of medical treatment
- Home care costs
- Loss of companionship
- Pain and suffering
- Punitive damages
Speaking to a knowledgeable motorcycle accident attorney will help you understand specific details regarding your damages. If you suffered injuries during a motorcycle accident, you need to assess the approximate cost of your future medical bills, as these are recoverable in your motorcycle accident case.
You may also be able to claim punitive damages in your civil lawsuit. Punitive damages are intended to punish the defendant for willful, wanton, or malicious conduct. Also, punitive damages are designed to deter the defendant from committing the same egregious conduct in the future.
Punitive damages are not always awarded in motorcycle accident cases, but it is important for you to speak to a knowledgeable motorcycle accident lawyer to determine if you should plead punitive damages in your case.
Contact Boettcher, Divenney, Ingle, and Wicker Today For a Free Case Consultation
Suffering injuries during a motorcycle accident can leave you wondering how you are going to pay your medical bills and get back to work. Contact Boettcher, Divenney, Ingle, and Wicker today to schedule a free case consultation. By speaking to an experienced motorcycle accident attorney, you can determine if it is likely that your case will go to court.
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